5.10.5-1 Is the amount of royalties specified by the Common Tariff 7 for those using works for educational purposes negotiable?


Yes and no. The right to remuneration under Art. 19 para. 1 (b) and Art. 20 para 2 CopA can only be exercised by collecting societies with IPI authorisation. The management of the right to remuneration is subject to federal supervision. The amount of royalties is fixed by the Common Tariff 7, which is managed by ProLitteris. ProLitteris also represents other collecting societies. ProLitteris has to negotiate the Common Tariff 7 with umbrella teaching organisations and then submit it to the Federal Arbitration Commission for approval (Art. 46 para. 2 and 55 CopA). Once approved, the tariff is binding on the courts (Art. 59 para. 3 CopA). The tariff is therefore binding and schools can no longer dispute the amount of royalties it stipulates or secure different terms and conditions. By way of compensation, however, schools know they can obtain all rights from a single source with little fuss.